Legal Question in Traffic Law in New York

I posted bail for my sister back in November 2009. Her court case closed on April 2010. I filled out forms for my bail return with her lawyer and he advised me that some money will be duducted for her fine, but I should receive the rest a few weeks after the court cased closed. It is now August and I still have not received my money back. This court is small and the clerk is only there 8hrs a month. I have spoken to the clerk twice and he is aware of my situation by first name and said he is working on it and last time said it should be taken care of. That was a month ago. I leave messages no one gets back to me. Is there a higher power that I could complain to? The lawyer doesn't understand why they are taking so long either. He advised me to just show up to the next court date, which is only held once a month. I did, and there was a sign on the door that said "Court Cancelled, Adjourned until October 12, 2010". I don't know what to do. I tried to help somebody out and now I am getting screwed. Any advice?

Thanks,

Tara


Asked on 8/10/10, 6:28 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

The only action you can take to force action is to bring an action in Supreme Court to force the clerk to perform the action, but it will be very expensive and can cost much more than the bail is most likely worth. You should write a letter to the Judge who is the chief administrative judge in the court. You can find that name by checking with the County Clerk, not the Court Clerk. The County Clerk has some influence as well.

Good Luck.

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Answered on 8/15/10, 8:27 am


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